ASHOK KUMAR SAHU Vs. STATE OF MAHDYA PRADESH

JUDGEMENT

(1.) The petitioners in these writ petitions are contractors of different kinds of liquor. They have purchased the privilege of vending liquor in specified shops by offering the highest bid at the auctions conducted for the year 1993-94. On account of the recent general election for the Madhya Pradesh Legislative Assembly, they were required by the Collectors of the respective districts to close the shops and refrain from vending liquor for several days in excess of three days. The petitioners have no grievance about closure of shops for three days. The main relief asked namely to quash the orders has become infructuous. The petitioners have sought two alternative reliefs, namely - remission of the proportionate licence fees as also proportionate reduction of the minimum guarantee quota of liquor which they are expected to lift from the Government warehouses. On behalf of the respondents, returns have been filed in few of the cases and they are treated as returns in order cases also.

(2.) The closure is of 11 days in M.P. No. 61 of 1994, 9 days in M.P. No 4676 of 1993, 7 days in M.P. No. 4677 of 1993 and M.P. No. 4530 of 1993 and 4 days in M.P. No. 4678 of 1993. Reference can be made to Annexures P4, P7 and P8 in M.P. No. 4530 of 1993. Annexure-P7 is the order passed by the Collector. It states that as per the wishes of the Election Commission to maintain law and order in the district, liquor shops should be closed on the date of polling, two days prior to polling, one day after the polling, date of counting, one day prior to counting and one day after the counting. Annexure-P4 is a copy of conditions of licence which form part of the auction sale notice which is accepted by all the persons who offered bids at auctions. It indicates that liquor shops will be closed on six national holidays, namely - 26th January, 30th January, 15th August, 2nd October, Holiday and Moharram day. It also states that in addition, the Collector has power to close shops for a maximum of 6 days in administrative exigencies and in public interest. It further states that all shops will be closed in connection with elections to Parliament, Assemblies and local bodies on the date of polling and two days immediately prior to polling. Annexure P8 is another extract of the sale notice relating to the remission of licence fees and the like. The terms of Annexure P4 referred to above are taken from the Government order.

(3.) The relevant Act is M.P. Excise Act, 1960 (sic). It contains provisions regarding the requirement of licence, payment of licence fees and lease of privilege of vending liquor. Section 62 confers on the State Government powers to make rules for purposes of carrying out the provisions of the Act. Rules framed under the Central Provinces Excise Act have been adopted in the State. Rule C enumerates general licence conditions. Sub-rule (viii) of Rule C reads as follows: